Oregon Offers Additional Protections to Park and Marina Tenants
In response to hardships faced by tenants during the pandemic, Governor Kate Brown has now issued 2 Eviction Moratoriums that help park and marina tenants.
The July 1, 2020 Eviction Moratorium covers April 1 – September 30, 2020
If you had trouble paying rent between April 1, 2020 and September 30, 2020, please review the following OSTA posts around the Eviction Moratorium that went into effect on July 1, 2020:
The Newest October Eviction Moratorium covers October 1 – December 30, 2020
The above moratorium was slated to expire and leave tenants at risk of eviction. But on September 28, 2020, Governor Kate Brown signed Executive Order No. 20-56, which extended the statewide eviction moratorium (HB 4213) through Dec. 31, 2020. The current order has slightly different terms than the original Moratorium – be sure to read further to find out what these important differences are.
Landlords cannot evict tenants for nonpayment during this time.
Landlords cannot charge late fees or other charges based on nonpayment of rent between April 1 and December 31, 2020. Landlords cannot report nonpayment of rent or fees to credit agencies.
Tenants continue to have a grace period (until March 31, 2021) to pay back rent that came due between April 1, 2020 and September 30, 2020. The grace period does not apply to rent that came due between October 1, 2020, and December 31, 2020. Unless a new law is passed between now and the end of December, that rent will have to be paid all at once in January.
The New Excutive Order applies to every park and marina tenant in Oregon
Until December 31, 2020, no landlord in Oregon is allowed to do any of the following:
- Give a termination notice for nonpayment of rent, fees, utilities, or other charges
- Charge a late fee or penalty for nonpayment
- Start an eviction case based on nonpayment
- File for noncompliance with a stipulated agreement in eviction court if the eviction was based on nonpayment or a termination without cause
- Report a tenant to a credit agency for nonpayment of rent or a late fee
- Threaten to do any of these things
How do the two different moratoriums affect my payment and repayments?
Tenants do NOT need to file a declaration in order to qualify for this relief. Any rent that came due between April 1, 2020, and September 30, 2020, must be paid by March 31, 2021. Starting on January 1, 2021, tenants need to pay their rent each month under the terms of the rental agreement. But tenants still have until the end of March, 2021, to pay back rent that built up between April and October.
Remember, starting on January 1, 2021, a landlord can evict a tenant for not paying rent under the terms of the rental agreement, but cannot evict a tenant for not paying any rent that was deferred between April 1 and September 30, 2020.
Starting on January 1, 2021, a landlord can evict for unpaid rent that came due between October 1 and December 31, 2020.
Renter’s obligations’ under the new law
Under the new law, a landlord can give the tenant a notice saying how much rent the tenant owes and will have to pay back by March 31, 2021.
Starting October 1, 2020 a landlord can also give a notice to the tenant requiring that the tenant tell the landlord within 14 days if the tenant plans to use the six-month grace period to pay back any rent owing.
- It is extremely important that tenants respond to this notice.
- Tenants can use the six-month grace period to pay back rent that came due from April 1, 2020, to September 30, 2020, but cannot use the grace period for rent due from October 1, 2020 to December 31, 2020.
- If a tenant does not tell the landlord that they plan to use the six-month grace period to pay back the deferred rent, the landlord can charge the tenant half a month’s rent as a penalty.
Tenants can notify their landlord that they plan to use the six-month grace period by text, email, letter, or verbally.
But tenants should be sure to keep a record of all of their communications with their landlords about their rent repayments.
(Source: Courtesy of our friends at Legal Aid)
A link to the source of this article and FAQs handout can be found at Legal Aid by clicking here.
Materials are available in Spanish here.
A video explainer of the new October Eviction Moratorium can be found at Legal Aid by clicking here.